McCoy v. Harrell, Nichols & Co.

Tbe plaintiff in tbe court below sued tbe defendant on a promissory note, purporting to bave been executed by “McCoy & Goss.” Tbe defendant McCoy interposed a plea of non est factum, in the words of tbe form for such pleas, prescribed by tbe Code. Section 2279 of tbe Code provides, that “all written instruments, tbe foundation of tbe suit, purporting to be signed by tbe defendant, bis partner, agent, or attorney in fact, must be received in evidence, without proof of tbe execution, unless tbe execution thereof is denied by plea, verified by affidavit.” It is contended, in tbe case before us,…